AB 1050 - An Act to Amend Section 3042 of the Family Code, Relating to Child Custody.

Existing law requires the family court, if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, to consider and give due weight to the wishes of the child in making an order granting or modifying custody.

This bill would, on and after January 1, 2012, require the family court to consider and give due weight to the wishes of a child… More

Existing law requires the family court, if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, to consider and give due weight to the wishes of the child in making an order granting or modifying custody.

This bill would, on and after January 1, 2012, require the family court to consider and give due weight to the wishes of a child in making an order granting or modifying custody or visitation, if the child is of sufficient age and capacity to form an intelligent preference as to custody or visitation. The bill would require the court to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child’s best interests, and, in that case, the bill would require the court to state its reasons for that finding on the record. The bill would require the court to provide alternative means of obtaining input from the child and other information regarding the child’s preferences if the court precludes the calling of any child as a witness. The bill would require the Judicial Council to, no later than January 1, 2012, promulgate a rule of court establishing procedures for the examination of a child witness, as specified. Hide

An Act to Amend Section 3042 of the Family Code, Relating to Child Custody.

AB 1050 — 2009-2010 Legislature

Summary

Existing law requires the family court, if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, to consider and give due weight to the wishes of the child in making an order granting or modifying custody.

This bill would, on and after January 1, 2012, require the family court to consider and give due weight to the wishes of a child in making an order granting or modifying custody or visitation, if the child is of sufficient age and capacity to form an intelligent preference as to custody or visitation. The bill would require the court to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child’s best interests, and, in that case, the bill would require the court to state its reasons for that finding on the record. The bill would require the court to provide alternative means of obtaining input from the child and other information regarding the child’s preferences if the court precludes the calling of any child as a witness. The bill would require the Judicial Council to, no later than January 1, 2012,… More

Existing law requires the family court, if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, to consider and give due weight to the wishes of the child in making an order granting or modifying custody.

This bill would, on and after January 1, 2012, require the family court to consider and give due weight to the wishes of a child in making an order granting or modifying custody or visitation, if the child is of sufficient age and capacity to form an intelligent preference as to custody or visitation. The bill would require the court to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child’s best interests, and, in that case, the bill would require the court to state its reasons for that finding on the record. The bill would require the court to provide alternative means of obtaining input from the child and other information regarding the child’s preferences if the court precludes the calling of any child as a witness. The bill would require the Judicial Council to, no later than January 1, 2012, promulgate a rule of court establishing procedures for the examination of a child witness, as specified. Hide

Do pass, but re-refer to the Committee on Appropriations Recommend Consent.

6/30/2010

From committee: Do pass, and re-refer to Com. on APPR with recommendation: To Consent Calendar. Re-referred. (Ayes 4. Noes 0.) (June 29).

8/02/2010

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and to Consent Calendar.

8/03/2010

Read second time. To Consent Calendar.

8/05/2010

Read third time, passed, and to Assembly. (Ayes 33. Noes 0. Page 4373.)

8/05/2010

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 7 pursuant to Assembly Rule 77.

Organizations that took a position on
An Act to Amend Section 3042 of the Family Code, Relating to Child Custody.: AB 1050 MA Concurrence in Senate Amendments

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Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.Contributions data source: FollowTheMoney.org